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Moral philosophers object to the ethic of zeal, also known as the fiduciary duty and the principle of partisanship, because it requires lawyers to ignore any adverse effects that lawful actions beneficial for clients may have on third parties. For example, when representing a landlord, a lawyer...
Persistent link: https://www.econbiz.de/10012855734
This introduction to Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Thilo Kuntz and … positions taken in contemporary American and German private law theory, as well as a discussion of the contributions to the …
Persistent link: https://www.econbiz.de/10014353490
One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...
Persistent link: https://www.econbiz.de/10014218074
This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...
Persistent link: https://www.econbiz.de/10014129243
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State's powers of...
Persistent link: https://www.econbiz.de/10013019827
I. Il buon Governo Revisited II. Private Law in a Fragmented Society III.Reconstructing Relational Contract (1) Contract as non-individual obligation (2) Contract as discursive project (3) Contract as interdiscursive translation IV. Normative Perspectives: Freedom of Translation V. Discourse...
Persistent link: https://www.econbiz.de/10014059138
, it is argued that personalization can inspire a novel theory of legal categories which transcends the traditional, status …
Persistent link: https://www.econbiz.de/10012963351
modernity is realized. One is functional: while the World Bank recommends a unifunctional economic modernization, systems theory …
Persistent link: https://www.econbiz.de/10014160203
corporations present to general private law theory, including the work of corrective justice and civil recourse theorists. Amongst …
Persistent link: https://www.econbiz.de/10014104157
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375